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Employment Law

Shameela Chinoy has acted for both employers and employees in the employment area.

 

Services for employers include preparing employment contracts, advising on employment issues such as compliance with the Employment Standards Act or various issues relating to termination of employment.  Shameela Chinoy can also help employers in understanding their legal obligations and in minimizing risks and damages when dealing with an employee termination.

 

Services for employees include a review of a draft employment contract prior to starting employment and preparing an employment contract where required, all issues related to wrongful dismissal. and if necessary, having to resort to litigation or mediation to resolve a dispute with an employer.
 

Wrongful Dismissal

In today's economic environment of outsourcing and downsizing the careers of employees can be suddenly interrupted by a termination of employment. This can be very disturbing as along with the financial hardship that flows from the loss of a job, a wrongful termination may also be a source of personal anxiety and distress.


If you’ve been dismissed from your employment for no reason in many cases you have more rights than you think
The law recognizes the importance of protecting employees from the unfair action of employers and seeks to balance the imbalance in the power between an employer and employee by ensuring that the employees basic rights are observed and appropriate remedies and compensation are available to wrongfully dismissed employees.  Employers in Ontario typically offer dismissed employees payment in lieu of notice in accordance with the Employment Standards Act. While your employer’s initial offer of severance may technically comply with the Employment Standards Act, the Employment Standards Act
provides only the bare minimum your employer must pay you on dismissal. Your right to severance pay, or “pay in lieu of notice”, under common law may be much higher than what is set out in the Employment Standards Act.

 

Shameela Chinoy seeks comprehensive compensation for clients in wrongful dismissal claims, including:

  • ·                     payment of salary or wages, including overtime, for the required notice period;

  • ·                     continued eligibility for company bonus and incentive plans;

  • ·                     continued participation in stock option and profit-sharing plans during the reasonable  notice period; 

  • ·                     continuation of all employment benefits during the notice period including, medical and dental benefits, pension benefits, group insurance plans, 

  • ·                     continuation of other benefits like use of a company vehicle if such use was part of the employee's compensation package;

  • ·                     payment by the employer of the costs of  suitable outplacement or vocational counseling;

  • ·                     payment of the employee's legal costs by the employer;

  • ·                     immediate delivery of a suitable letter of reference.

To properly protect your rights in employment, however, you need competent legal counsel well versed in the ever-changing nuances of employment law. Shameela Chinoy has handled many wrongful dismissal cases and has been successful in obtaining significant compensation for improperly terminated employees in wrongful dismissal cases.  If your employment has been terminated and you have received a severance package from your employer, Shameela Chinoy can help you achieve the best possible resolution of your wrongful dismissal case in a cost-effective manner.  If you are interested learning more about how Shameela Chinoy can help you, please contact us.

 

 

163 Willowdale Avenue,

North York,

Ontario, M2N  4Y7  

Tel: 416-227-2082  

Fax: 416-227-2083 schinoy@chinoylaw.com   

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